Stanley Feld M.D.,FACP,MACE
Twenty-six states joined Florida’s legal challenge on the constitutionality of President Obama’s healthcare reform act. The sub-plots of the law suit are states’ rights vs. federal control, the constitutionality of a mandate to force individuals to purchase insurance and forcing states to create increases in budget deficits. President Obama’s healthcare reform act is going to cause fiscally responsible states to fund fiscally irresponsible states through increased federal taxes. The result will be an increase in state taxes.
President Obama’s mandate has greater significance than forcing everyone to have healthcare insurance. Federal Judge Roger Vinson struck down President Obama’s entire healthcare reform act last week on all counts. He essentially ordered President Obama to cease implementation of his healthcare reform act.
“A federal court issued a binding judgment voiding the law, with Judge Vinson noting that he trusted the Administration would obey the "long-standing presumption" that such a judgment is "the functional equivalent of an injunction."
The White House and Health and Human Services announced they’ll continue to implement “ObamaCare” as if nothing has changed.
This is disgraceful.
It tells us something about President Obama’s respect for the law of the land. If President Bush had said the judicial rulings against his policies on wiretapping and some civil liberties would be ignored the traditional media would have been all over him.
State governments have decided to obey Judge Vinson’s injunction and are suspending implementation of the new regulations and mandates.
"For Wisconsin, the federal health-care law is dead," Attorney General J.B. Van Hollen said in a statement, unless Judge Vinson’s decision is stayed by the 11th Circuit Court of Appeals.
Florida Governor Rick Scott said he had no intention of wasting "time and money" executing the for-now defunct law, and his insurance commissioner returned a $1 million federal assistance grant.
Idaho will also freeze implementation, and we hope the remaining 23 states will join the rejectionists.
President Obama’s healthcare reform act has previously demonstrated disrespect for the will of the people. Its passage also demonstrated a lack of respect for the congressional process. Now President Obama is demonstrating his disrespect for the judicial process. His web site dismissed the judgment as a decision by an activist judge.
I have pointed out continuously that President Obama’s goal to reform the healthcare system is admirable. He wants universal coverage, more affordable care and an increase in quality of care. His strategy to achieve his goal is wrong.
President Obama’s methodology is not practical. It will destroy America’s healthcare system. If permitted to proceed it will not only expand the federal deficit, it will decrease the quality of medical care as well as decrease access to care and result in rationing of care.
Attorney General Holder can file an appeal asking the 11th Circuit for a stay. The prediction is he will. When he does, President Obama will be admitting that his administration has ignored the rules of the judicial process.
The traditional media has failed to describe effectively the issues individual states face and the threat to individual freedom.
President Obama has made so many “deals” and granted so many waivers that his healthcare reform act is becoming a joke.
The legal and political challenges against President Obama’s healthcare reform act are becoming increasingly more complex daily. The American public is starting to understand the horrible process used to pass the bill and the actual meaning of terrible legislation. It is not going to Repair the Healthcare System.
The best way to fix “Obamacare” is to repeal it, provide an alternative that will express the will of the people and align all the stakeholders’ vested interests.